ILR for my wife and newborn

indran · Post by **indran** » Fri Jun 03, 2011 2:03 am

Hi,

I hope someone would be able to help me as it seems to be very complicated with my current situation.

I would like to know the best way forward to get my wife and newborn baby to come to UK in next few months and to get ILR next year.

Below is the details of our current situation:

Both me and my wife have our own Tier 1 (general) visas and both of us have extended our visas separately. We have individual Tier 1 visas because she came to the UK 5 months earlier (i.e. sept 2007) than me and we were not married by then.

I came to the UK in feb 2008 and we lived together for 2.5 years (i.e. 2 years before married and 0.5 after married) until she moved back to Malaysia 6 months ago (i.e. sept 2010) to deliver out first child.
Now both of them are back in Malaysia and I was thinking of bringing them over to the UK. My wife still has her Tier 1 visa valid until sept 2012 but that expires before mine which is valid until feb 2013. The newborn doesn't have any visa and requires dependent visa to be able to come for longer term (i.e. more than 6 months).
I would like them to stay with me and apply for ILR as my spouse and dependent end of next year. My wife has been out of the UK for 6 months without job and has reset her 5 years continuous period requirement, so she would not be able to apply for her ILR on her own. Both wife and newborn will depend on my ILR.

Below are several questions to be clarified:
1) What is the best way to get them into UK for now? Is it better to get dependent visa for both of them or just for the newborn?
2) If my wife apply as depent now, does she needs to sit for english and life in uk tests? She had lived and worked in the UK for 3 years.
3) How early can I apply for ILR? Can I apply for my ILR and include my wife and newborn 5 months before my current visa expires so that it would be before my wife's visa expires in sept 2012 or does it has to be 28days?
4) Does my wife fullfil the 2 years staying together requirement since she has been away now and she wasnt on her own visa when we lived together? Does that apply to my newborn as well? He, is only 2 months old now.
5) Do I need to be on continuous employment for the past 15 months before applying for ILR?

Thank you for reading and hopefully someone would be able to answer my questions above.

Regards,
Indran

Post by **geriatrix** » Fri Jun 03, 2011 11:54 pm

1. PBS dependant, for both.
2. No.
3. No earlier than 28 days before the 5th anniversary of your entry in the UK as an economic migrant.
4. Given that your wife has been living in the UK since 2007, she should be able to apply for settlement at the same time as you if you can provide documentary evidence to prove cohabitation in the UK for at least 2 years. Your child will be eligible for settlement at the same time as you.
5. No.

indran · Post by **indran** » Sat Jun 04, 2011 12:38 am

Sushdmehta,

Thank you for your reply. Thank was very helpful.

Referring to question 4, there is a slight correction to my statement. Actually, my wife and I lived together in the UK for 2.5 years but we both had our own tier 1 visas. Does it matter that she was not on my dependent visa to fulfill the 2 year requirement? Will the 2 year period will be reset since she had been away from me and out of UK for more than 6 month. She left UK end last year for our baby delivery.

6) Another possible option that I was thinking of was to let them stay back in Malaysia until its time for me to apply for ILR. Will it be possible to apply for my ILR together with them. Will there be any issues since they are back home and I am in the UK? Or do I need to apply for my ILR first and once approved then get my wife and baby apply for PBS dependent from Malaysia? Does this option requires my wife to sit for English test or life in the UK test? This option is more appropriate because my wife and baby will spend most of time in Malaysia for now until the baby grows to 1-2 years old. They can visit me on tourist visa if necessary until we get our ILR.

Thank you for all your help so far.

Regards,
Indran

Post by **geriatrix** » Sat Jun 04, 2011 1:39 am

indran wrote:Does it matter that she was not on my dependent visa to fulfill the 2 year requirement?

No.

indran wrote:Will the 2 year period will be reset since she had been away from me and out of UK for more than 6 month.

Should be okay.

indran wrote:6) Another possible option that I was thinking of was to let them stay back in Malaysia until its time for me to apply for ILR. Will it be possible to apply for my ILR together with them. Will there be any issues since they are back home and I am in the UK? Or do I need to apply for my ILR first and once approved then get my wife and baby apply for PBS dependent from Malaysia? Does this option requires my wife to sit for English test or life in the UK test? This option is more appropriate because my wife and baby will spend most of time in Malaysia for now until the baby grows to 1-2 years old. They can visit me on tourist visa if necessary until we get our ILR.

1. ILR can only be applied for from within the UK.
2. If your family stays in Malaysia until you are granted settlement, then they will need to apply for settlement visa. Your wife will then need to live in the UK for 2 years (under current rules) to become eligible for settlement.

indran · Post by **indran** » Sat Jun 04, 2011 10:27 pm

Sushdmeta,

Thank you again for your help. Further questions as follows:

7) What do you recommend to do in terms of settling in the UK. Should my family come now or come later after I get my ILR.

What is the advantage of ILR over the settlement visa for my wife and baby. Is ILR more flexible for travelling etc?

9)After the 2 year period of settlement for my wife and baby, can they apply for british citizenship together with me without the need for applying for ILR first ?

10) Is there any requirement for them to be in the UK continuously in order to qualify for 2 year settlement or for ILR or for british citizenship?

Regards,
Indran

Post by **vinny** » Sun Jun 05, 2011 9:54 pm

Having indefinite leave is better than having limited leave. ILR/ILE/PR is required for naturalisation.

indran · Post by **indran** » Tue Dec 25, 2012 8:36 am

Hi,

Thank you for your previous reponses. It has been more than a year now since the last asked your advice onbest route for ILR for dependent.

Now its time for me and my dependent (i.e. wife and 2 year old son) to apply for ILR using SET(0) form. Currently, I am holding Tier 1 (General) visa which will expire in Feb 2013. Both my dependent are with me now in the UK for last 8 months since April 2012 under dependent to PBS visa. My wife lived with me since Feb 2008 till Oct 2010 (2 years 8 months) before she went back to deliver our son. She had her own HSMP and Tier 1 (general) visa during this period. Therefore, there is a gap in between her presence in the UK since she was away between Oct 2010 till April 2012 (1.5 years).

I spoke to home office advisor (two of them) yesterday and both said that my wife and son cannot apply for ILR with me since they have not been living with me continuously for last 2 years under dependent visa. Could you please advice if this is true and where can I look for the rules/guidance regarding this clause.

Your advise will be very much appreciated to find the best way forward. Thank you.

indran · Post by **indran** » Tue Dec 25, 2012 1:24 pm

Hi

I have moved the question to ILR forum which seems to be a more suitable place to discuss this issue. Please respond your answer at the following link:

http://www.immigrationboards.com/viewto ... 830#753830

Thank you

Regards,
Indran

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ILR for my wife and newborn

ILR for my wife and newborn